When applying for an Artist / O visa, an artist cannot apply for his or herself. Every application must be made by a petitioner who needs the artist's services in the United States. Here are top questions and answers about O visa petitioners:

1. Who can be my artist / O visa petitioner?
Any U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent can petition for you. However, the petitioner must at least be in the artist's field of expertise. This also means, that a U.S. citizen, who is in the artist's field may petition for them as long as there is a legitimate reason why the petitioner requires the artist to work in the United States.

3. How can I freelance with only one petitioner?
The O visa does not allow an artist to freelance, but if the petitioner is also an "agent", the artist may be able to work with different employers during their time the United States. If the petitioner acts as an agent for both the employers and the artist, the artist may be able to work with different employers during their length of stay.

4. How does a petitioner qualify as an "agent"?
The first thing to note is that being an "agent" is not the same as being a commercial agent that gets an artist work. An "agent" for the purposes of immigration just means that the person is authorized to act as a representative for other employers. The petitioner does not have to demonstrate that it normally serves as an agent out of context of the immigration petition. 

5. How do I show my petitioner is also "in business as an agent"?
The petitioner / agent just needs to present a signed document signed by the beneficiary's other employers which state that the petitioner is authorized to act in that employer's place as an agent for the limited purpose of filing the O visa.



Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are NYC based O1 / Artist Visa lawyers devoted to guiding you through US immigration law. Contact us today to schedule a consultation.

1. Make sure the classification of O visa is clear in your application
One of the top mistakes when applying for the O visa, is failing to indicate which classification you fall under. There are different standards review depending on whether you are applying under the arts, business, sciences, or film and television.If you don't make it clear in your application which standard of review applies to you, immigration will always pick the more difficult standard. If it is unclear from your job title which classification should apply, it is always good practice to include a detailed job description which explains which classification should apply to you. 

2.Kazarian is in effect
The Kazarian Memo which was put into effect several years ago started as a way to evaluate evidence for I-140 petitions. However, the AAO has decided that they will use the exact same standards set forth in the memo to adjudicate O visa claims. This means that anyone who is applying for an O visa needs to know the standards set forth in this memo. A key component of the memo refers to a "final merits determination". Practically speaking, this means you have to show that not only do you meet the requisite evidentiary criteria, based on all of the evidence submitted you have achieved sustained achievement in your field of endeavor.

3. Make sure that any media mentions are considered major
Not every form of press is useful to your case. If you are including press in your application, you must include the distribution, circulation or readership to prove that the press is major. Media outlets usually have advertising kits that you can research in order to help you with this issue.

4. Testimonials cannot be vague
All testimonials must include the bio of the person writing the testimonial, how they know you, and describe your achievements and recognitions. Your achievements must be described in factual terms. For example, it is useless for a person to just describe you as "wonderful". It is best for them to describe the awards that you have achieved, the productions you have been in, and how they know this information. If they talk about any awards you have achieved, they should also mention the significance of the award in the industry.

5. Just because you got the O visa before doesn't mean you'll get it again
Making the argument that because you received the O visa in the past entitles you to an O visa now does not work. The AAO has consistently denied O visas to people that managed to get them in the past. It is better to focus your energies on explaining why you meet the criteria than rehashing the past.

For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.

Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are NYC based O1 / Artist Visa lawyers devoted to guiding you through US immigration law. Contact us today to schedule a consultation.

With every artist / O visa application, every petitioner has the burden of providing a consultation letter from a peer group, labor union and/or management organization, having expertise in the alien's field of endeavor. Here are 5 things you need to know when obtaining these consultation letters:

1. Consultation letters are advisory in nature only
The Adjudicator's Field Manual states that "consultations are advisory in nature only and are not binding on USCIS. A negative consultation does not automatically result in the denial of the petition, as decisions must be based on the totality of the evidence. Accordingly, if the petitioner can submit evidence that overcomes a negative advisory opinion and which establishes the merits of the alien, USCIS may approve the petition." However, it is good to note that USCIS does take the content of the consultations seriously. Negative consultations have been a basis for denials in the past. If you get a negative consultation, please contact an immigration attorney immediately to help you proceed.

2. Not everyone needs them
Sometimes your field of endeavor just does not have a relevant peer group or union. Maybe your art form is too cutting-edge for there to be an appropriate management group. In those cases what do you do? USCIS states that "If the petitioner can demonstrate that an appropriate peer group, including a labor organization, does not exist the decision will be based on the evidence of record."

3. There are good labor organizations and there are bad labor organizations
All labor unions and peer groups are not the same. In fact, they tend to differ greatly when it comes to providing consultation letters. For example Actor's Equity and the Director's Guild of America are notorious for giving out bad consultation letters. For a complete list of appropriate peer groups and labor organizations please go here.

4. Every peer group or labor organization has its own requirements and fees
Every single peer group and labor union will have varying requirements as to what to submit when applying for a consultation letter. Some will want the minimum, in order to avoid wading through piles of paperwork, and some will want everything you submit to USCIS. Every organization will also have greatly differing fees. It is advisable to consult with each organization directly in order to figure out what exactly they want.

5. They are valid for two years
A consultation may be waived for an alien with extraordinary ability in the field of arts if the alien seeks readmission to perform similar services within 2 years of the date of a previous consultation.  Petitioners should submit a waiver request and a copy of the previous consultation with the petition.

For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.

Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are NYC based O1 / Artist Visa lawyers devoted to guiding you through US immigration law. Contact us today to schedule a consultation.